Ex parte SUDER et al. - Page 5




          Appeal No. 1997-3027                                                        
          Application 08/301,926                                                      


          Fraser et al. reference shows only one output terminal.  The                
          Examiner is using Applicant’s admitted prior art to disclose                
          the teachings of two output terminals in a driver circuit.”                 
          (Answer-page 5 and 6.)                                                      
                    We understand the Examiner’s rational but find it                 
          ill founded.  The Examiner has taken APA and found a reference              
          with a Schottky diode connected to the collector of two                     
          separate transistors.  This is hardly a reason to make a                    
          combination.  We have thoroughly reviewed Fraser, and can find              
          no teaching or suggestion in Fraser that diode D431 is used                 
          for “preventing the flow of a damaging breakdown current”                   
          (claim 1 language) or to save on the number of components or                
          space occupied by a circuit.  Also, without further                         
          illumination by the Examiner, we cannot see how “the subject                
          matter as a whole” (answer-page 5) would have suggested the                 
          proffered combination.  We do see a teaching in Khan that                   
          component count and circuit size can be reduced by the use of               
          R2, Q9, Q6, and D2 (Figure 3) as components common to two                   
          circuits (column 11, lines 16-40).  However, although Khan’s                
          teaching may be more relevant to improving APA, we see                      
          insufficient motivation for such a combination.                             
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